WBS: the certificate for subsidised flats in Germany

What the certificate is for

Section 27(1) WoFG says that the person who controls a subsidised flat may let it only to an applicant who has first handed over a WBS. Subsidised flats carry occupancy and rent restrictions in return for public money, which is why access is limited to households under the income ceiling. The certificate shows which income limit you meet and the flat size that applies to your household.

The certificate does not give you a flat. It lets you apply for flats that require one. The landlord is bound to check it, and a letting made without one can be terminated at the request of the authority (section 27(6)).

Who may apply

Under section 27(2), the authority issues the certificate on application, for one year. Applicants are people who are not in Germany only temporarily and who are legally and in fact able to make a home here for the longer term and run an independent household. The Act does not list nationalities. For a foreigner the practical question is whether your residence is not merely temporary and whether you can live here for the longer term, and the authority decides on the documents you present. The Act also says the household is the unit: the applicant and the members of the household (section 18) count together.

The federal income limit

Section 9(2) sets the baseline limit on annual income:

• €12,000 for a one-person household;
• €18,000 for a two-person household;
• plus €4,100 for each further person in the household;
• plus €500 more for each child within the meaning of section 32(1) to (5) of the Income Tax Act.

Section 27(3) says the certificate must be granted if the household keeps within that limit, and it must state which limit it meets. A state may set a different limit (section 9(3)); the federal figure then no longer applies in that state.

Income is not the gross salary

The limit applies to the total income (Gesamteinkommen) of the household, which section 20 defines as the sum of members’ annual incomes minus the allowances and deductions in section 24. Those include:

• €4,500 for each severely disabled person with a degree of disability of 100 (or at least 80 if they need care at home);
• €4,000 for young married couples, up to the end of the fifth calendar year after the year of marriage, where neither spouse has turned 40;
• €600 for each child under 12 where the claimant lives alone with children and is away from the household for work or training;
• up to €600 where a child between 16 and 25 has their own income;
• maintenance payments, up to the amount fixed in a notarised agreement, court order or official decision.

Because the conditions of each item are specific, ask the issuing office how it treats your case. The rule is the one in force on the date of the application (section 20).

Where the states differ

The Act leaves the practical rules to the states. Under section 3(2), the states carry out social housing support as their own task and decide on the procedure, and section 9(3) lets them depart from the income limits to reflect local housing conditions, for example for households with difficulty finding a home. Section 10 sets principles for flat sizes, which the states then turn into rules (a number of rooms or a floor area). Section 27(4) requires the certificate to state the flat size that applies to your household, and allows a departure in a single case for special personal or professional needs or an expected extra space requirement.

So the federal figures are a baseline rather than a single German WBS income table: where a state has used its power under section 9(3), its own limits replace them. This guide does not give a state table because the state ordinances were not read for it: take the figures from the office that issues the certificate in your place of residence.

Exceptions and moving in

Section 27(3) lets the authority issue a certificate even above the limit in two cases: a refusal would be a special hardship, or by moving into the flat you free another subsidised flat with a lower rent per square metre or a size above the one that applies to you. Section 27(7) also covers the owner of a subsidised flat who wants to live in it: this needs the authority’s approval, which must be granted if the owner and household would themselves qualify for a certificate.

Which professional to consult

The issuing office, usually the housing office of the municipality or district, is the first stop and is the only body that can confirm your limit. Once you have a subsidised flat, a tenants’ association can help with questions about the lease. If you plan to buy later, see the purchase costs calculator and the mortgage calculator.